The Probate Litigation Subcommittee of the Estate Planning, Probate and Trust Section presents
Wreslin’ with Breslin - New Probate Mediation Rules
||Tuesday, December 7, 2021
||11:30 a.m. - 12:00 p.m.
||12:00 - 1:30 p.m.
||1 Hour Estate Planning, Trust & Probate Law Specialization Law Credit
This July the Supreme Court declined to review Breslin v. Breslin wherein the Court of Appeal confirmed the wide ranging authority of the probate court presiding over trust matters includes the power to order parties to mediation. It also confirmed that parties who refuse or decline to participate in such court-ordered mediation risk forfeiting their beneficial interests in trust proceedings. The new rules put the onus on trust beneficiaries to monitor and actively participate in litigation. We will discuss the pros and cons of such a policy in the short and long term. We will also offer tips for how to utilize Breslin mediation orders to your advantage and how to protect your client from inadvertent forfeiture in trust disputes.
• New probate mediation rules from Breslin v. Breslin
• Policy considerations of forced mediation in trust litigation
• Tips for effective use of Breslin mediation orders in trust disputes
Alicia Gámez, Law Office of Alicia M. Gámez; James Patrick Lamping, Law Office of James P. Lamping; Howard Slavitt, Coblentz, Patch, Duffy & Bass
Event Code: G210517
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